PUTRAJAYA: The Court of Appeal sentenced a former assistant general manager of a telecommunication company to one year in prison for dishonest misappropriation of the company's property totalling over RM1.5mil.
A three-member bench of the Court of Appeal, led by Datuk Azman Abdullah, who sat with Justices Datuk Azmi Ariffin and Datuk Mohd Radzi Abdul Hamid, meted out the sentence on Tuesday (Nov 11) after partly allowing the prosecution’s appeal against a High Court’s decision in acquitting and discharging him of the charge.
In his judgment, Judge Azaman, sitting with Justices Datuk Azmi Ariffin and Datuk Mohd Radzi Abdul Hamid, ruled that the prosecution had succeeded in proving that Shamsul Bahri Musa had committed the offence of misappropriating the company property and not criminal breach of trust (CBT).
The court set aside the High Court’s earlier decision to acquit and discharge Shamsul Bahri on four counts of criminal breach of trust, substituting it with a conviction under the misappropriation offence.
Justice Azman sentenced Shamsul Bahri to six months in jail for the first charge, eight months for the second, 12 months for the third, and nine months for the fourth, to be served concurrently from Tuesday.
This means Shamsul, 56, will serve one year in prison. The court did not impose whipping on Shamsul Bahri as he is above 50 years old.
Shamsul Bahri, then an assistant general manager of financial operations, was found to have misappropriated RM53,124.25 belonging to Telekom Sales & Services San Bhd on Dec 28, 2007.
He was convicted for the second charge of misappropriating RM254,992.62; RM1,040,119.38 for the third charge, and RM176,901.25 for the fourth charge.
The offences were committed at Menara Mutiara Bangsar, in Jalan Liku, Off Jalan Riong, Kuala Lumpur, between January 2007 and September 2010
The Sessions Court had convicted Shamsul Bahri of CBT and sentenced him to two years in prison. The High Court acquitted and discharged him on all charges in March of last year, prompting the prosecution to appeal.
In Tuesday’s proceedings, Shamsul Bahri was represented by lawyer Datuk Hasnal Rezua Merican, while Deputy Public Prosecutor Abdul Malik Ayob appeared for the prosecution.- Bernama
